Cremation and Burial Decisions

Probate in The Woodlands is a process designed to resolve unanswered questions and issues. Usually these questions are in the form of how property is to be distributed or who is in charge of an estate, but sometimes problems can occur before long before property issues arise.

Who has the right to make decisions concerning cremation and burial decisions after a person passes away?

This is one of the items that is normally addressed by a Woodlands Living Trust Lawyer when a person creates an estate plan. Unfortunately, sometimes a person passes away before they complete a Will or Living Trust and they have left no legally valid instructions on who has the authority to determine burial and cremation issues. When this is the case your Woodlands Probate Lawyer can help.

If your family member failed to provide otherwise in their Will or Living Trust, the Texas legislature has determined a list of individuals that have this authority. The following persons, in the order listed, have the right to make burial arrangements including cremation and interment:

  • The person designated in a writing signed by the decedent;
  • The decedent’s surviving spouse;
  • Any of the decedent’s adult children;
  • Either of the decedent’s parents;
  • Any of the decedent’s adult siblings; otherwise
  • The person of closest kinship to the decedent (according to the intestacy statutes).

Who Should Make This Decision?

Burial and final arrangements are generally a very personal decision and each person should choose what is best for them. If your family member did not provide for burial arrangements or cremation in their Will or Living Trust then your The Woodlands Probate Attorney can help.